Legal Opinion

United States v. Gibson

District Court, N.D. Indiana

Decided May 28, 2019No. CAUSE NO.: 2:19-CR-40-PPS-JPKPublishedCited by 1 opinion

1Opinion of the Court

MAGISTRATE JUDGE JOSHUA P. KOLAR

This matter is before the Court on the United States of America's oral motion to detain Defendant Devon Gibson. While the appropriate legal standards are unsettled and there are facts weighing in both directions, the Court concludes that the government has failed to meet its burden of proof on the current record. After a brief summary of the hearings in this case, the Court will turn to a discussion of the legal standards this Court finds applicable before moving to an analysis of the factors that apply to all detention hearings.

On April 17, 2019, Gibson was…

2Cases cited16 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Clark v. MartinezSupreme Court of the United States · 2005
  4. United States v. Leonel PortesCourt of Appeals for the Seventh Circuit · 1986
  5. United States v. Edward O'BrienCourt of Appeals for the First Circuit · 1990

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3Cited by1 opinion

  1. Metaxas v. Gateway Bank F.S.B.District Court, N.D. California · 2024

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